http://www.mybroadband.co.za/nephp/?m=show&id=5074


Local Porn Website deadline looming
By: MyADSL, 5 December 2006 posted on 12-05-2006.

"The Film and Publication Board’s (FPB) deadline of 31 December 2006  
for local pornographic websites to discontinue the distribution of  
adult material on the internet is looming, but unhappiness regarding  
this decision remains."


According to a press statement released by the Film and Publication  
Board: “Internet distributors of adult material have until 31  
December 2006 to discontinue the distribution of adult material on  
the internet. Distribution of adult material on the internet is in  
contravention with section 24 of the Films and Publications Act.”

Whilst the Act has been in place for a while the regulation of online  
material has added a new element to regulation of adult content in SA.

The FPB’s official stand on online porn

“Distribution of adult material on the internet is in contravention  
with section 24 of the Films and Publications Act. Anyone  
distributing after the above set date will be punished accordingly as  
stipulated in the Act,” said the FPB.

The Board stated that they were implementing tougher regulation of  
adult content due to the many complaints received from the public.

“In view of a number of complaints from the public regarding the  
distribution and exhibition of materials containing depictions,  
descriptions or sequences of sexual conduct via the internet, by mail- 
order and through mobile cellular phones, the Board advises the South  
African Police Services to investigate and charge any person using  
above-mentioned media for distribution of films, interactive computer  
games or publications which have either not been classified by the  
Board or classified ‘XX’ or ‘X18’,” said the FPB.

Distributors of adult content can request a license from the FPB  
which will allow them to continue business but there are strict  
conditions attached to the license:

1. Such distribution or exhibition takes place within premises  
forming part of a building,
2. Notices prohibiting entry to such premises by any person under the  
age of 18 years is clearly displayed at all entrances to such  
premises and,
3. No material classified “X18” is displayed in such a way that it is  
visible from a point outside the premises.

Online distributors struggle to be legal

A group called Adultlinks.co.za investigated the issuing of these  
licenses only to find that a procedure was not yet in place.

According to the petition on the Adultlinks website ( http:// 
petition.adultlinks.co.za/ ), “We have been in contact with FPB to  
establish how an adult site can comply with the act (and thus pay the  
prescribed fees and get a classification for a website), and reading  
between the lines we have learnt that the FPB is not geared to apply  
a classification to a website.”

The reason, according to the Adultlinks petition, why it is so  
difficult is because the Act deals with physical locations, printed  
media, video media and distributorship of material within these  
physical venues.

Problems arise due to the nature of a website or Internet material  
falling within the realm of the virtual world and therefore outside  
the bounds of the stipulations given within the Act.

Adultlinks stated that, “because the FPB has no way of classifying  
sites, a general attitude of ‘If we can't regulate it, it must be  
shut down’ becomes very clear.”

A petition against the restrictive regulation of adult content has  
been launched by Adultlinks and they are urging interested consumers  
to make their voices count before SA sites are forced to close down.

The reason they feel this latest development from the FPB must be  
stopped is because it harkens back to the days when adult content in  
South Africa was tightly regulated and citizens were told what was  
acceptable and what not.

“All in all, the current situation reeks of old apartheid censorship,  
where government decides what you may or may not see, and I for one,  
am not going to take this lying down,” said Adultlinks spokesperson.









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